BT Investment And Financing Construction Mode Legal Issues

BT model is a new type of project financing in the field of infrastructure construction. In China BT model has very broad prospects for development and has many advantages what the traditional investment model can not play. It is conducive to construction funds and promote infrastructure construction in our country, and to a greater extent to achieve a smooth transfer of project construction risks and conducive to enhancing the effectiveness of project construction.Theoretically, BT model have the advantage, but in the concrete practice of the process, BT mode in franchise have problems which needs to be adjusted and ruled, and there are still many conflicts in the existing legal system and policies systems, which gives us a certain degree of obstacles. And with governments and relevant departments for the actual supervision and management of the BT model needs to be strengthened, as well as, the government and its management sectors, academia have controversy problems, resulting in this mode for a basic understanding of this mode in the application process in the result of the operation is too diverse and scope of use is not clear, rights and obligations are not clear, the legal status of the project can not be confirmed and the legal relationship confusion.Based on this, firstly, I will give the BT model among the various legal relationship analysis and sort out, I think in the transfer paid license privileges, the transfer of the right to property, the transfer of responsibility and project legal status, contractual legal relationship the BT model have multiple uniqueness, the reason why there are many conflicts in a specific practical process, the main factors due theorists lack understanding of the legal relationship of the model, they can not sort out the special legal relationship, so sort out the legal relationship can clear all kinds of legal responsibilities and status, it is particularly important to determine the rights and obligations as well as the application of the legal system.In our country, I believe BT investment and financing mode is still in a constantly groping forward link, through study and research about the BT mode of investment and financing, bidding, as well as follow-up exploration and the regulatory issues, in this area related legislation, then it is better promote the use of the BT model in the field of infrastructure preparedness.In short, if we continue to follow the current management control system in the BT model, it will inevitably lead to more legal obstacles and conflict of laws, it will bring more negative consequences for the popularization and application in the promotion of economic and social development. To this end, our country should formulate special laws and regulations of the government concession to regulate, and fully think about the particularity of the BT model, build particularity special laws, all of these will effective regulation of BT projects provided by financing activities and improve legal protection.